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Case against McFeely adjourned

Tue, Oct 16, 2012, 01:00

Bankrupt developer Tom McFeely breached a court order and failed to disclose assets in a case brought over his failure to pay a €24,000 debt to a recruitment firm, a judge was told today.

The former IRA hunger striker, who built the Priory Hall apartment complex in Donaghmede in Dublin, owes €24,288 for services obtained from MCR Personnel Ltd, a company which specialises in recruiting for construction firms. He could face a three-month jail sentence for failing to comply with an instalment order made earlier and is now attempting to vary its terms.

He appeared today at Dublin District Court, where Benedict Ó Floinn BL, for MCR Personnel Ltd, told Judge Mary Collins Mr McFeely was a week late in filing a statement of his affairs.

He said it was clear the builder had not “disclosed certain assets including assets in the Isle of Man”. He contended the builder was in breach of the court orders and should be jailed.

Mr Ó Floinn said there were a number of gaps in the documents and the case “has connections with the Priory Hall matter”, though it was not linked to separate bankruptcy proceedings.

Mr Ó Floinn told Judge Collins that Mr McFeely was trying to vary an instalment order made earlier in connection with the money he owes to MCR Personnel Ltd. The District Court had also been asked whether this case could go ahead because Mr McFeely had been adjudicated bankrupt.

Mr Ó Floinn suggested Mr McFeely could be given a chance to mend his hand in relation to the statement of affairs he has already provided.

Mr McFeely’s solicitor Jason Kelly said he was not aware the disclosure his client had furnished was deficient.

Judge Collins adjourned the case until October 30th and gave Mr McFeely one week to complete a comprehensive statement of his affairs.

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Mr McFeely had owed about €34,000 for services he had obtained from MCR Personnel Ltd, trading as MCR Group, which is based at Capel Building in Dublin city centre.

He had paid €10,000 to the recruitment company. However, two subsequent cheque payments bounced and earlier this year Dublin District Court made an instalment order against him to compel him to clear the remaining balance, amounting to €24,288.

Mr McFeely, who recently had to vacate his house in Ailesbury Road, Dublin 4, did not address the court today.

Under section 6.7 of the Enforcement of Court Orders (Amendment) Act 2009, failure to comply with an instalment order could result in Mr McFeely being arrested and jailed for up to three months.